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Industrial Relations Ordinance (XXIII of 1969)---S.25-A--Constitution of Pakistan l (1973), Art.l85(3)--Industrial dispute-­Respondent was working as sweeper in Tobacco Company--During search of respondent six cigarettes were recovered from his person and he was dismissed from service-- Employer's version was that cigarettes recovered were intact whereas respondent's explanation was that he had picked cigarettes from the rubbish--Employer failed to produce expert evidence to show that cigarettes in question were intact and not discarded ones thus making its case doubtful-­Benefit of doubt, held, was rightly given to respondent--Petition dismissed. ORDER USMAN ALI SHAH, J.--The petitioner seeks leave to appeal against the judgment and order of the Lahore High Court, Rawalpindi Bench, whereby his writ petition was dismissed. Bashir Samuel respondent No1 was an employee as a sweeper in the petitioner's company at Jhelum. On 5-9-1985 during a search six Gold Leaf cigarettes were recovered from his person by one Ahmad Khan in presence of some other workers and he was served with a formal charge-sheet of misconduct. After formal enquiry, a show-cause notice was issued to him. His explanation was not considered and he was dismissed from service on 7-10-1985. He filed an application under section 25-A of the Industrial Relations Ordinance 1969 before the Labour Court. The petitioner resisted the application. The Presiding Officer of the Labour Court while considering the application of the respondent No.l, vide his judgment, dated 27-9-1987, set aside his dismissal order and reinstated him in his service without back benefits. Both the parties went in appeal before the Labour Appellate Tribunal against the said judgment. Appeal of the petitioner was dismissed and that of the respondent No.] was partly accepted and he was given 50% of back benefits vide judgment, dated 25-11-1987. Being aggrieved the petitioner filed writ petition in the Lahore High…

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